Abstract

This article examines the extent to which states are able to interact at an official level with a contested or de facto state – a state that has unilaterally declared independence but is not a member of the United Nations – without being understood to have recognised it. This is an area of increasing interest and relevance to policy makers. As is shown, albeit with some significant provisos, legal theory and historic practice suggest that diplomatic engagement does not constitute recognition if there is no underlying intent to recognise. This means that there is a very high degree of latitude regarding the limits of state engagement with contested states, especially in bilateral contexts. Indeed, the level of engagement can even amount to recognition in all but name.